- 10 The CPT would like to be informed whether the financing and staffing provision for the above proposed facilities have been obtained. Further, it would like to receive an indicative timetable for the opening of each of these establishments. As regards the new Judicial Prison Complex in Athens, the CPT would like to receive details about the plans for the different components of the Complex, including the intended prisoner profile and staffing arrangements. 14. At the time of the November/December 2021 visit, the prison population stood at 11,1827 for a capacity of 10,175 places (i.e. a prison occupancy rate of 110%). However, the distribution of prisoners across the prison estate, and even within individual prison establishments, means that overcrowding is far more severe than indicated by the figure of 110%. Indeed, at the time of the visit, 24 of the 34 prisons were overcrowded, with 15 prisons having an occupancy rate of above 130% of their official capacity, including large prisons such as Korydallos Men’s (152%), Larissa (134%) and Patras (137%), while Komotini Prison accommodated 280 prisoners for a capacity of 166 places (i.e., an occupancy rate of 172%) and Ioanina Prison held 126 persons for 66 places (i.e., an occupancy rate of 190%). By contrast, certain prison establishments such as the rural prisons of Agia Chania and Kassandra Chalkidiki were operating at only 35% of their capacity and Tirintha Argolida Prison held only 47 persons for a capacity of 302 places. This is mainly due to the strict criteria for transferring prisoners to these rural prisons.8 Further, the official capacities for the Korydallos Psychiatric Hospital for Prisoners (261 places) and the Korydallos Special Health Centre for Prisoners (253 places) far exceed the real capacity of these institutions and should be revised down. Further, these capacities should be counted separately from the rest of the prison system given that these institutions service the rest of the prison estate with patients often only spending short periods in these institutions before returning to a prison establishment. The CPT recommends that the Greek authorities take the necessary steps to put in place a more even distribution of the prison population across the prison estate, bearing in mind the need to consider proximity to the prisoner’s family or residence. In addition, the criteria for the transfer of persons to the rural prisons should be reviewed. 15. More generally, the CPT wishes to stress once again that a prison cannot function effectively if it is operating at 100% of its capacity. There must always be some margin for transferring prisoners from one wing to another or for receiving additional prisoners or for taking back prisoners on temporary release. The Council of Europe’s White Paper on Prison Overcrowding states that “if a given prison is filled at more than 90% of its capacity this is an indicator of imminent prison overcrowding. This is a high-risk situation, and the authorities should feel concerned and should take measures to avoid further congestion.”9 The CPT recommends that the Greek authorities take this precept into account when calculating the official prison capacity and the number of places available within the prison estate and when looking at projections for the prison population in the future. 7 8 9 That is, a rate of imprisonment of 104 per 100,000 inhabitants, a figure which is close to the European median value according to the Council of Europe Annual Penal Statistics – SPACE I 2020, Table A. Article 3 of Law 4760/2020 lays down the criteria of eligibility for transfer to a rural prison and exclude, inter alia, persons who have committed a disciplinary offence and who have not qualified for a leave permit. See Section 20 of the White Paper on Prison Overcrowding – CM(2016)121-add3, 23 August 2016.